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Accession to the EU's competition law regime: a law and governance approach

Journal

Yearbook of Antitrust and Regulatory Studies

Volume | Issue number

7 | 9

Pages (from-to)

31-66

Document type

Article

Faculty

Interfacultary Research InstitutesFaculty of Law (FdR)

Institute

Amsterdam Center for Law & Economics (ACLE)Amsterdam Center for European Law and Governance (ACELG)

Abstract

The aim of this paper is to analyse the interplay between the EU’s external (pre-accession) and internal (post-accession)
governance model in the field of competition law and to reach a deeper understanding of the EU’s Europeanization strategy
at the intersection of these two governance models. The paper will critically examine the effectiveness of the internal governance
mechanisms of Regulation 1/2003 with regard to the goals of the decentralized enforcement system, as well as with regard to
their effectiveness in steering post-accession compliance and Europeanization among the Member States. Following the Introduction,
section II of the paper maps out the EU’s external law and governance model that applies vis-à-vis third countries that wish
to join the EU. In section III, the paper examines the extent and the manner in which this external model has shaped the EU’s
internal governance model vis-à-vis its Member States. Section IV analyses Regulation 1/2003 as the main driver behind the
effective implementation of EU competition law in the Member States as well as its governance mechanisms as they framed the
Europeanization process. In order to evaluate the effectiveness of post-accession compliance, section IV examines the compound
procedural framework, composed of EU and national administrative rules, which underlies and challenges the enforcement of
EU competition law. Also specifically investigated here is how the administrative capacity of national competition authorities
affects competition law enforcement. This inquiry is enriched in section V with a detailed assessment of the European Competition
Network as the EU’s main mechanism for the monitoring of Member States’ postaccession compliance with EU law.

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